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Need help on divorce case for terms and conditions


31-Aug-2023 (In Family Law)
Hi, I am a 34 year old woman seeking divorce from my husand.We have been married for 10 years and have a 2.5 year old son.Both of us are IT professionals earning more or less the same salary.We have a flat which we bought for 48 lakhs but we haven't got possession yet.My husand is primary owner and I am secondary. Both of us have contributed in that flat and some of the amount around 7-8 Lacs was given by my spouse's father.I want mutual divorce so want guidance around what terms I should keep to secure the future of my child. A. How can I secure my child's future ? School,hospital,graduation expenses B. Meeting Time-We are living separately now but he comes every alternate day to meet our son for 2-3 hours, takes him out alone. I am worried about the security and health of my child and also the child gets disturbed. C. Suppose I leave the job to take care of child or due to illness how is my child's future secured. D. Flat which is in both our name and his father paid some amount.
Answers (3)

Answer #1
590 votes
in mutual divorce you can make terns and condition for childs future regarding his health schooling etc, fix a meeting time every week or every month for your husband with your child childs future will be secured by deciding a certain amount for child take amount you paid for the flat back
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Answer #2
850 votes
you can claim monthly maintenance or one time settlement amount to take care of the child, if going for mutual divorce, you are advised to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid any legal complications in future, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
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Answer #3
840 votes
You can file for mutual divorce only when both of you are agree to separate. Specific reason ha to be mentioned as why you people want divorce and is there any cruelty on party of husband or not. And for child custody we have to file separate case .
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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